UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT March 25, 2010 No. 09-2312 SINGLE EMPLOYER WELFARE BENEFIT PLAN TRUST, Appellant v. DATALINK ELECTRONICS, INC; YOSSI LEV; DAVID R. NESTE; GENERAL AMERICAN LIFE INSURANCE COMPANY; SIMON SINGER; JEFFREY L. DAVIDSON (E.D. Pa No. 2-09-cv-00377) Present: SCIRICA, Chief Judge, and CHAGARES, Circuit Judges, and RODRIGUEZ * , District Judge.

Motion by Appellees for Clarification of the Opinion of the Court of March 24, 2010.

/s/Caitlyn J. Gillie Case Manager (267)299-4956 Response due 04/05/10 ORDER The foregoing motion by appellees for clarification of the opinion of the Court of March 24, 2010, construed by the Court as a motion to amend the Court’s opinion, is granted. The Opinion of the Court filed March 24, 2010, is amended as follows: Page 2, line 18, first sentence that reads: “The Trust is a multiple employer welfare benefit plan trust administered in Pennsylvania to fund death benefits to employers throughout the United States.” shall read: “The Complaint also alleges that the Trust is a multiple employer welfare benefit plan trust administered in Pennsylvania to fund death benefits to employers throughout the United States.”

By the Court, /s/ Joseph H. Rodriguez District Judge DATED: April 19, 2010

* The Honorable Joseph H. Rodriguez, Senior United States District Judge for the District of New Jersey, sitting by designation.